2d Circuit Case Commentaries

Protecting Witness Privacy in the Digital Age: Second Circuit Sets New Precedent in Deposition Video Access

Date: Mar 4, 2020

Protecting Witness Privacy in the Digital Age: Second Circuit Sets New Precedent in Deposition Video Access Introduction The case of MIRLIS v. GREER, decided by the United States Court of Appeals for...

Recognition of State Action in Companion Animal Seizure Under the Fourth Amendment: Newsome v. Bogan

Date: Feb 29, 2020

Recognition of State Action in Companion Animal Seizure Under the Fourth Amendment: Newsome v. Bogan Introduction Newsome v. Bogan, decided by the United States Court of Appeals for the Second...

Diversity Jurisdiction and Alien Status: Insights from Tagger v. Strauss Group Ltd.

Date: Feb 28, 2020

Diversity Jurisdiction and Alien Status: Insights from Tagger v. Strauss Group Ltd. Introduction The case of Benjamin Tagger v. Strauss Group Ltd. addressed critical issues surrounding federal...

Costabile v. NYCHHC: Requiring Accommodation Requests and Restricting §1983 for Rehabilitation Act Claims

Date: Feb 26, 2020

Costabile v. NYCHHC: Requiring Accommodation Requests and Restricting §1983 for Rehabilitation Act Claims A Comprehensive Commentary on 951 F.3d 77, Second Circuit, 2020 Introduction The appellate...

Second Circuit Affirms VARA Protection for Temporary Street Art in 5Pointz Case

Date: Feb 21, 2020

Second Circuit Affirms VARA Protection for Temporary Street Art in 5Pointz Case Introduction The landmark case of Castillo et al. v. G&M Realty L.P. et al., decided on February 20, 2020, by the...

Affirming the Two Dismissal Rule under FRCP 41(a)(1)(B): Lin v. Joe’s Shanghai

Date: Feb 12, 2020

Affirming the Two Dismissal Rule under FRCP 41(a)(1)(B): Lin v. Joe’s Shanghai Introduction In Jian Yang Lin, Hui Qui Chen, and Xin He v. Shanghai City Corp d/b/a Joe’s Shanghai et al., the United...

Exclusionary Rule Non-Applicability in Revocation of Supervised Release: United States v. Hightower

Date: Feb 7, 2020

Exclusionary Rule Non-Applicability in Revocation of Supervised Release: United States v. Hightower Introduction The case of United States of America v. Randy Hightower, decided by the United States...

Reevaluating Excessive Force in Parolee Arrests: Insights from Horace v. Gibbs

Date: Feb 7, 2020

Reevaluating Excessive Force in Parolee Arrests: Insights from Horace v. Gibbs Introduction In the case of John L. Horace v. Kevin Gibbs, et al., the United States Court of Appeals for the Second...

Affirming the Appealability of Denial to Proceed Under a Pseudonym: United States v. Pilcher

Date: Feb 7, 2020

Affirming the Appealability of Denial to Proceed Under a Pseudonym: United States v. Pilcher Introduction United States of America v. John Pilcher, 950 F.3d 39 (2d Cir. 2020), addresses a pivotal...

Second Circuit Establishes Career Offender Predicate Criteria for Violent and Narcotics Conspiracies

Date: Feb 7, 2020

Second Circuit Establishes Career Offender Predicate Criteria for Violent and Narcotics Conspiracies Introduction In United States of America v. Zimmian Tabb, 949 F.3d 81 (2d Cir. 2020), the Second...

Affirmation of Summary Judgment in Failure-to-Accommodate and Retaliation Claims Under ADA, FMLA, and Title VII: Woolf v. Bloomberg L.P.

Date: Feb 7, 2020

Affirmation of Summary Judgment in Failure-to-Accommodate and Retaliation Claims Under ADA, FMLA, and Title VII: Woolf v. Bloomberg L.P. Introduction The case of Ronald Woolf v. Bloomberg L.P. (949...

Prohibition on Proportionality Caps for Attorneys' Fees in FLSA Settlement Agreements: Fisher v. SD Protection

Date: Feb 5, 2020

Prohibition on Proportionality Caps for Attorneys' Fees in FLSA Settlement Agreements Introduction In the landmark case Michael Fisher v. SD Protection Inc. and Sandra Dominguez Mercado, adjudicated...

Second Circuit Court Expands Consideration of Hostile Work Environment Claims under Statute of Limitations: Yu v. City of New York

Date: Feb 4, 2020

Second Circuit Court Expands Consideration of Hostile Work Environment Claims under Statute of Limitations: Yu v. City of New York Introduction The case of Laurene Yu v. City of New York addresses...

United States v. Smith: No Written Statement of Reasons Required for VOSR Sentences without Official Form

Date: Feb 4, 2020

No Mandatory Written Statement of Reasons for VOSR Sentences Without Official Form: Insights from United States v. Smith Introduction In United States v. Karim Smith, 949 F.3d 60 (2d Cir. 2020), the...

Affirmation of Dismissal in Ames Ray v. Christina Ray: Implications for Fraudulent Conveyance Claims Under New York Law

Date: Jan 24, 2020

Affirmation of Dismissal in Ames Ray v. Christina Ray: Implications for Fraudulent Conveyance Claims Under New York Law Introduction The case of Ames Ray, Plaintiff-Appellant, v. Christina Ray, John...

Second Circuit Recognizes Political Opinion in Asylum Claims Against Gang-Related Persecution

Date: Jan 24, 2020

Second Circuit Recognizes Political Opinion in Asylum Claims Against Gang-Related Persecution Introduction In the landmark case of Rosario del Carmen Hernandez-Chacon v. William P. Barr, the United...

Revisiting Quid Pro Quo Standards: Insights from United States v. Silver

Date: Jan 22, 2020

Revisiting Quid Pro Quo Standards: Insights from United States v. Silver Introduction The case of United States of America v. Sheldon Silver serves as a pivotal precedent in the interpretation of...

Extending FLSA's Professional Exemption to Non-Clinical Nurse Consultants

Date: Jan 15, 2020

Extending FLSA's Professional Exemption to Non-Clinical Nurse Consultants Introduction In the landmark case Sharon Isett v. Aetna Life Insurance Company (947 F.3d 122, 2d Cir. 2020), the United...

Enhanced Standards for Evaluating Medical Evidence in Disability Claims: Gough v. Saul

Date: Jan 14, 2020

Enhanced Standards for Evaluating Medical Evidence in Disability Claims: Gough v. Saul Introduction In Rachelle Gough v. Andrew Saul, Commissioner of Social Security Administration, the United States...

Remanding for Concurrent Sentencing and Mandatory Minimum Adjustments: The Anderson Decision

Date: Jan 10, 2020

Remanding for Concurrent Sentencing and Mandatory Minimum Adjustments: The Anderson Decision Introduction The case of United States of America v. Dwight Anderson addresses critical issues surrounding...